Well, she’s probably right. Abortion will end up being decided either in Congress, or by individual states.
“Well, she’s probably right. Abortion will end up being decided either in Congress...”
Every single state already has laws on abortion.
If the court rules against, it will most certainly NOT be decided in the Congress, as it would require an amendment to the Constitution to give the FedGov jurisdiction. It will go back to the states, where the legal jurisdiction actually resides.
Well, she’s probably right. Abortion will end up being decided either in Congress, or by individual states.
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Laws passed by Congress can and have been declared unconstitutional. The SC has put the abortion question where it properly belongs, to individual States to determine.
She is just wrong. If the draft opinion is what the final opinion is going to be then the opinion will state that the 10th amendment requires abortion is an issue reserved for the states.
Congress can not pass a law that infringes on state rights. Since the opinion would state that abortion is a state rights issue, any law passed by congress that attempted to infringe on states rights would be immediately thrown out at the circuit court level.
If congress tried to tie any funding from the fed with a requirement that the state pass laws making abortion legal in that state it would be shot down for commandeering.